Concerning Mr. E.K vs Denmark for violation of article 6 or 7, 13, 18 and 26 of CCPR.
The following case has been decided. It was found on the 24th of July 2019 by the Committee that the communication was inadmissible under article 2 of the Optional Protocol. See the attached PDF for the full decision or read on to get a description of the case.
The author is a Hazara afghan citizen from Mushad in Iran. After coming to Denmark in September, he applied for asylum. He expressed his fear for the return to Afghanistan, because his father was killed by the Taliban, and he feared persecution from the same people who killed his father.
His application for asylum was denied by decision of the Refugee Board on 6 February 2013. On 13 October 2013, however, he was baptized in a Christian Church after having attended Church services since June 2013.
Thus the Danish Refugee Council on 11 December 2013, on his behalf, applied for reopening of his asylum case at the Danish Refugee Board, due to the new information that he now risks persecution as a person who no longer belongs to Islam. He risks death sentence for that in Afghanistan. The reopening was denied for two reason. Firstly, that the author did not mention anything about his new Christian faith during the processing of the original asylum application. However, he was not Christian at the time, and that is why the request with the Certificate of Baptism is new information. Secondly, the Refugee Board found that he lacks credibility, and thus they believe the conversion is fake.
Every week, a number of rejected asylum seekers are forced back to Afghanistan from Denmark, who consequently know about the fact that the author has committed apostasy by leaving the Muslim faith. He already received death threats while in open camp and also in the Detention Center by some other Afghans, who are now back in Kabul. All the 50-55 Afghans detained in November 2013 are now back in Kabul, and able to tell the authorities about the author and his “crime”. Consequently, the author fears that if deported he will be killed either by an angry mob of Muslim believers, without any hope of protection by the Afghan authorities, or he will be sentenced for violation of Sharia law – which is death.
Due to the author’s conversion, he is an individual associated with or perceived as supportive of the government and the international community, which will bring him in risk of persecution as mentioned by UNHRC. Furthermore, he is a young man of fighting age and he has violated Sharia law and the Taliban’s interpretation of Islamic principles.
30. August 2019